The provisions of this undesignated head (relating to Adipic
Acid Manufacturing) shall apply only in the following areas
designated nonattainment for ozone: Beaumont/Port Arthur and
Houston/Galveston. These provisions shall apply to each adipic acid
production unit which is the affected facility.

117.305 Emission
Specifications

No person may allow emissions of nitrogen oxides, calculated as
nitrogen dioxide, from the absorber of any adipic acid production
unit to exceed 2.5 pounds per ton of adipic acid produced, on a
24-hour rolling average.

117.309 Control Plan
Procedures

Any person affected by this undesignated head (relating to
Adipic Acid Manufacturing) shall submit a control plan to the
executive director on the compliance status of all required
emission controls and monitoring systems by April 1, 1994. The
executive director shall approve the plan if it contains all the
information specified in this section. Revisions to the control
plan shall be submitted to the executive director for approval. The
control plan shall provide a detailed description of the method to
be followed to achieve compliance, specifying the anticipated dates
by which the following steps will be taken:

(1) dates by which contracts for emission control and monitoring
systems will be awarded or dates by which orders will be issued for
the purchase of component parts to accomplish emission control or
process modification;

(2) date of initiation of on-site construction or installation
of emission control equipment or process modification;

(3) date by which on-site construction or installation of
emission control equipment or process modification is to be
completed; and

(4) date by which final compliance is to be achieved.

117.311 Initial Demonstration
of Compliance

(a) Compliance with the nitrogen oxides emission limits
specified in § 117.305 of this title (relating to Emission
Specifications) shall be determined by the performance testing
procedures specified in 40 Code of Federal Regulations (CFR) 60,
Appendix A, Method 7, or an equivalent method approved by the
executive director. Method 7A, 7B, 7C, or 7D may be used in place
of Method 7. If Method 7C or 7D is used, the sampling time shall be
at least one hour.

(c) Any continuous emissions monitoring systems (CEMS) or
predictive emissions monitoring systems (PEMS) required by §
117.313 of this title (relating to Continuous Demonstration of
Compliance) shall be installed and operational prior to conducting
initial demonstration of compliance testing under subsections (a)
and (b) of this section. Verification of operational status shall,
as a minimum, include completion of the manufacturer's written
requirements or recommendations for installation, operation, and
calibration of the device or system.

(d) Testing conducted prior to the effective date of this rule
may be used to demonstrate compliance with the standard specified
in § 117.305 of this title if the owner or operator of an
affected facility demonstrates to the executive director that the
prior demonstration of compliance testing at least meets the
requirements of subsections (a), (b), and (c) of this section. The
executive director reserves the right to request demonstration of
compliance testing or CEMS or PEMS performance evaluation at any
time.

117.313 Continuous
Demonstration of Compliance

(a) The owner or operator of any facility subject to the
provisions of this undesignated head (relating to Adipic Acid
Manufacturing) shall install, calibrate, maintain, and operate a
continuous emissions monitoring system (CEMS) for measuring
nitrogen oxides (NOx) from the absorber.

(c) As an alternative to CEMS, the owner or operator of units
subject to continuous monitoring requirements under this
undesignated head may, with the approval of the executive director,
elect to install, calibrate, maintain, and operate a predictive
emissions monitoring system (PEMS). The required PEMS shall be used
to measure NOx emissions for each affected unit and shall be used
to demonstrate continuous compliance with the emission limitations
of § 117.305 of this title (relating to Emission
Specifications. Any PEMS shall meet the requirements of §
117.319 of this title (relating to Notification, Recordkeeping, and
Reporting Requirements) and § 117.213(c)(1)-(3) of this title
(relating to Continuous Demonstration of Compliance).

(d) The owner or operator of an affected facility shall
establish a conversion factor for the purpose of converting
monitoring data into units of the emission standard (in pounds NOx
per ton of acid produced) as specified in 40 CFR 60, Subpart G,
§ 60.73(b). NOx emissions data recorded by the CEMS or PEMS
shall be represented in terms of both parts per million by volume
and pounds NOx per ton of acid produced.

(e) After the initial demonstration of compliance required by
§ 117.311 of this title (relating to Initial Demonstration of
Compliance), compliance with § 117.305 of this title shall be
determined by the methods required in this section. Compliance with
the emission limitations may also be determined at the discretion
of the executive director using any Texas Natural Resource
Conservation Commission compliance method.

117.319 Notification,
Recordkeeping, and Reporting Requirements

(a) The owner or operator of an affected facility shall submit
notification to the executive director, as follows:

(1) verbal notification of the date of any continuous emissions
motoring system (CEMS) or predictive emissions monitoring system
(PEMS) performance evaluation conducted under § 117.313(b) of
this title (relating to Continuous Demonstration of Compliance) at
least 15 days prior to such date followed by written notification
within 15 days after testing is completed; and

(2) verbal notification of the date of any initial demonstration
of compliance testing conducted under § 117.311 of this title
(relating to Initial Demonstration of Compliance) at least 15 days
prior to such date followed by written notification within 15 days
after testing is completed.

(b) The owner or operator of an affected facility shall furnish
the executive director and any local air pollution control agency
having jurisdiction a copy of any CEMS or PEMS performance
evaluation conducted under § 117.313 of this title, or any
initial demonstration of compliance testing conducted under §
117.311 of this title, within 60 days after completion of such
evaluation or testing. For purposes of demonstrating compliance
with § 117.530 of this title (relating to Compliance Schedules
For Nitric Acid and Adipic Acid Manufacturing Sources), such
results shall be submitted no later than 30 days before the final
compliance date specified in § 117.530 of this title.

(c) The owner or operator of an affected facility shall report
in writing to the executive director on a quarterly basis all
periods of excess emissions, defined as any 24-hour period during
which the average nitrogen oxides emissions (arithmetic average of
24 contiguous one-hour periods) exceed the emission limitation in
§ 117.305 of this title (relating to Emission Specifications)
and the monitoring system performance. All reports shall be
postmarked or received by the 30th day following the end of each
calendar quarter. Written reports shall include the following
information:

(1) the magnitude of excess emissions computed in accordance
with 40 Code of Federal Regulations, Part 60, § 60.13(h), any
conversion factors used, the date and time of commencement and
completion of each time period of excess emissions, and the process
operating time during the reporting period;

(2) specific identification of each period of excess emissions
that occurs during start-ups, shutdowns, and malfunctions of the
affected unit, the nature and cause of any malfunction (if known),
and the corrective action taken or preventative measures
adopted;

(3) the date and time identifying each period during which the
CEMS or PEMS was inoperative, except for zero and span checks and
the nature of the system repairs or adjustments;

(4) when no excess emissions have occurred or the continuous
monitoring system has not been inoperative, repaired, or adjusted,
such information shall be stated in the report; and

(5) if the total duration of excess emissions for the reporting
period is less than 1.0% of the total operating time for the
reporting period and the CEMS or PEMS downtime for the reporting
period is less than 5.0% of the total operating time for the
reporting period, only a summary report form (as outlined in the
latest edition of the Texas Natural Resource Conservation
Commission (TNRCC) "Guidance for Preparation of Summary, Excess
Emission, and Continuous Monitoring System Reports") shall be
submitted, unless otherwise requested by the executive director of
the TNRCC. If the total duration of excess emissions for the
reporting period is greater than or equal to 1.0% of the total
operating time for the reporting period or the CEMS or PEMS
downtime for the reporting period is greater than or equal to 5.0%
of the total operating time for the reporting period, a summary
report and an excess emission report shall both be submitted.

(d) the owner or operator of an affected facility shall maintain
written records of all continuous emissions monitoring and
demonstration of compliance test results, hours of operation, and
daily production rates. Such records shall be kept for a period of
at least two years and shall be made available upon request by
authorized representatives of the TNRCC, United States
Environmental Protection Agency, or local air pollution control
agencies having jurisdiction.

117.321 Alternative Case
Specific Specifications

Where a person can demonstrate that an affected unit cannot
attain the requirements of § 117.305 of this title (relating
to Emission Specifications), as applicable, the executive director,
on a case-by-case basis after considering the technological and
economic circumstances of the individual unit, may approve emission
specifications different from § 117.305 of this title for that
unit based on the determination that such specifications are the
result of the lowest emission limitation the unit is capable of
meeting after the application of reasonably available control
technology. Any person affected by the decision of the executive
director may appeal to the commission by filing written notice of
appeal with the executive director within 30 days after the
decision. Such appeal is to be taken by written notification to the
executive director. Section 103.71 of this title (relating to
Request for Action by the commission should be consulted for the
method of requesting commission action on the appeal. Executive
director approval does not necessarily constitute satisfaction of
all federal requirements nor eliminate the need for approval by the
EPA in cases where specified criteria for determining equivalency
have not been clearly identified in applicable sections of this
undesignated head (relating to Adipic Acid Manufacturing).

Division 2: Nitric Acid Manufacturing - Ozone
Nonattainment Areas

117.401
Applicability

The provisions of this undesignated head (relating to Nitric
Acid Manufacturing) shall apply only in the following areas
designated nonattainment for ozone: Beaumont/Port Arthur and
Houston/Galveston. These provisions shall apply to each nitric acid
production unit which is the affected facility.

117.405 Emission
Specifications

No person may allow emissions of nitrogen oxides, calculated as
nitrogen dioxide, from the absorber of any nitric acid production
unit to exceed 2.0 pounds per ton of nitric acid produced, the
production being expressed as 100% nitric acid, on a 24-hour
rolling average.

117.409 Control Plan
Procedures

Any person affected by this undesignated head (relating to
Nitric Acid Manufacturing) shall submit a control plan to the
executive director on the compliance status of all required
emission controls and monitoring systems by April 1, 1994. The
executive director shall approve the plan if it contains all the
information specified in this section. Revisions to the control
plan shall be submitted to the executive director for approval. The
control plan shall provide a detailed description of the method to
be followed to achieve compliance, specifying the anticipated dates
by which the following steps will be taken:

(1) dates by which contracts for emission control and monitoring
systems will be awarded or dates by which orders will be issued for
the purchase of component parts to accomplish emission control or
process modification;

(2) date of initiation of on-site construction or installation
of emission control equipment or process modification;

(3) date by which on-site construction or installation of
emission control equipment or process modification is to be
completed; and

(4) date by which final compliance is to be achieved.

117.411 Initial Demonstration
of Compliance

(a) Compliance with the nitrogen oxides emission limits
specified in § 117.405 of this title (relating to Emission
Specifications) shall be determined by the performance testing
procedures specified in 40 Code of Federal Regulations (CFR), Part
60, Appendix A, Method 7, or an equivalent method approved by the
executive director. Method 7A, 7B, 7C, or 7D may be used in place
of Method 7. If Method 7C or 7D is used, the sampling time shall be
at least one hour.

(b) Performance testing shall be conducted in accordance with
the procedures specified in 40 CFR, Part 60, § 60.8.

(c) Any continuous emissions monitoring systems (CEMS) or
predictive emissions monitoring systems (PEMS) required by §
117.413 of this title (relating to Continuous Demonstration of
Compliance) shall be installed and operational prior to conducting
demonstration of compliance testing under subsections (a) and (b)
of this section. Verification of operational status shall, as a
minimum, include completion of the manufacturer's written
requirements or recommendations for installation, operation, and
calibration of the device or system.

(d) Testing conducted prior to the effective date of this rule
may be used to demonstrate compliance with the standard specified
in § 117.405 of this title if the owner or operator of an
affected facility demonstrates to the executive director that the
prior demonstration of compliance testing at least meets the
requirements of subsections (a), (b), and (c) of this section. The
executive director reserves the right to request demonstration of
compliance testing or CEMS or PEMS performance evaluation at any
time.

117.413 Continuous
Demonstration of Compliance

(a) The owner or operator of any facility subject to the
provisions of this undesignated head (relating to Nitric Acid
Manufacturing) shall install, calibrate, maintain, and operate a
continuous emissions monitoring system (CEMS) for measuring
nitrogen oxides (NOx) from the absorber.

(c) As an alternative to CEMS, the owner or operator of units
subject to continuous monitoring requirements under this
undesignated head may, with the approval of the executive director,
elect to install, calibrate, maintain, and operate a predictive
emissions monitoring system (PEMS). The required PEMS shall be used
to measure NOx emissions for each affected unit and shall be used
to demonstrate continuous compliance with the emission limitations
of § 117.405 of this title (relating to Emission
Specifications). Any PEMS shall meet the requirements of §
117.419 of this title (relating to Notification, Recordkeeping, and
Reporting Requirements) and § 117.213(c)(1)-(3) of this title
(relating to Continuous Demonstration of Compliance).

(d) The owner or operator of an affected facility shall
establish a conversion factor for the purpose of converting
monitoring data into units of the emission standard (in pounds NOx
per ton of acid produced, expressed as 100% nitric acid) as
specified in 40 CFR 60, Subpart G, § 60.73(b). NOx emissions
data recorded by the CEMS or PEMS shall be represented in terms of
both parts per million by volume and pounds NOx per ton of acid
produced, expressed as 100% nitric acid.

(e) After the initial demonstration of compliance required by
§ 117.411 of this title (relating to Initial Demonstration of
Compliance), compliance with § 117.405 of this title shall be
determined by the methods required in this section. Compliance with
the emission limitations may also be determined at the discretion
of the executive director using any Texas Natural Resource
Conservation Commission compliance method.

117.419 Notification,
Recordkeeping, and Reporting Requirements

(a) The owner or operator of an affected facility shall submit
notification to the executive director, as follows:

(1) verbal notification of the date of any continuous emissions
monitoring system (CEMS) or predictive emissions monitoring system
(PEMS) performance evaluation conducted under § 117.413(b) of
this title (relating to Continuous Demonstration of Compliance) at
least 15 days prior to such date followed by written notification
within 15 days after testing is completed; and

(2) verbal notification of the date of any initial demonstration
of compliance testing conducted under § 117.411 of this title
(relating to Initial Demonstration of Compliance) at least 15 days
prior to such date followed by written notification within 15 days
after testing is completed.

(b) The owner or operator of an affected facility shall furnish
the executive director and any local air pollution control agency
having jurisdiction a copy of any CEMS or PEMS performance
evaluation conducted under § 117.413 of this title or any
initial demonstration of compliance testing conducted under §
117.411 of this title within 60 days after completion of such
evaluation or testing. For purposes of demonstrating compliance
with § 117.530 of this title (relating to Compliance Schedules
For Nitric Acid and Adipic Acid Manufacturing Sources), such
results shall be submitted no later than 30 days before the final
compliance date specified in § 117.530 of this title.

(c) The owner or operator of an affected facility shall report
in writing to the executive director on a quarterly basis all
periods of excess emissions, defined as any 24-hour period during
which the average nitrogen oxides emissions (arithmetic average of
24 contiguous one-hour periods) as measured by a CEMS or PEMS
exceed the emission limitation in § 117.405 of this title
(relating to Emission Specifications) and the monitoring system
performance. All reports shall be postmarked or received by the
30th day following the end of each calendar quarter. Written
reports shall include the following information:

(1) the magnitude of excess emissions computed in accordance
with 40 CFR, Part 60, § 60.13(h), any conversion factors used,
the date and time of commencement and completion of each time
period of excess emissions, and the process operating time during
the reporting period.

(2) specific identification of each period of excess emissions
that occurs during start-ups, shutdowns, and malfunctions of the
affected unit. The nature and cause of any malfunction (if known)
and the corrective action taken or preventative measures
adopted;

(3) the date and time identifying each period during which the
CEMS or PEMS was inoperative, except for zero and span checks and
the nature of the system repairs or adjustments;

(4) when no excess emissions have occurred or the continuous
monitoring system has not been inoperative, repaired, or adjusted,
such information shall be stated in the report; and

(5) if the total duration of excess emissions for the reporting
period is less than 1.0% of the total operating time for the
reporting period and the CEMS or PEMS downtime for the reporting
period is less than 5.0% of the total operating time for the
reporting period, only a summary report form (as outlined in the
latest edition of the Texas Natural Resource Conservation
Commission (TNRCC) "Guidance for Preparation of Summary, Excess
Emission, and Continuous Monitoring System Reports") shall be
submitted, unless otherwise requested by the executive director of
the TNRCC. If the total duration of excess emissions for the
reporting period is greater than or equal to 1.0% of the total
operating time for the reporting period or the CEMS or PEMS
downtime for the reporting period is greater than or equal to 5.0%
of the total operating time for the reporting period, a summary
report and an excess emission report shall both be submitted.

(d) The owner or operator of an affected facility shall maintain
written records of all continuous emissions monitoring and
demonstration of compliance test results, hours of operation, and
daily production rates. Such records shall be kept for a period of
at least two years and shall be made available upon request by
authorized representatives of the TNRCC, United States
Environmental Protection Agency, or any local air pollution control
agency having jurisdiction.

117.421 Alternative Case
Specific Specifications

Where a person can demonstrate that an affected unit cannot
attain the requirements of § 117.405 of this title (relating
to Emission Specifications), as applicable, the executive director,
on a case-by-case basis after considering the technological and
economic circumstances of the individual unit, may approve emission
specifications different from § 117.405 of this title for that
unit based on the determination that such specifications are the
result of the lowest emission limitation the unit is capable of
meeting after the application of reasonably available control
technology. Any person affected by the decision of the executive
director may appeal to the commission by filing written notice of
appeal with the executive director within 30 days after the
decision. Such appeal is to be taken by written notification to the
executive director. Section 103.71 of this title (relating to
Request for Action by the commission should be consulted for the
method of requesting commission action on the appeal. Executive
director approval does not necessarily constitute satisfaction of
all federal requirements nor eliminate the need for approval by the
United States Environmental Protection Agency in cases where
specified criteria for determining equivalency have not been
clearly identified in applicable sections of this undesignated head
(relating to Nitric Acid Manufacturing).

Division 3: Nitric Acid Manufacturing -
General

117.451
Applicability

The emission limitations specified in § 117.455 of this
title (relating to Emission Specifications) shall apply to all
nitric acid production units in the state, with the exception that
for nitric acid production units located in applicable ozone
nonattainment areas, the emission limitations of § 117.405 of
this title (relating to Emission Specifications) shall apply after
May 31, 1999.

117.455 Emission
Specifications

No person shall allow emissions of nitrogen oxides, calculated
as nitrogen dioxide, from any nitric acid production unit to exceed
600 parts per million by volume.

117.458 Applicability of
Federal New Source Performance Standards

None of the provisions of this subchapter (relating to Acid
Manufacturing) shall be construed to limit or preclude
applicability of any provision of 40 Code of Federal Regulations
Part 60, Subpart G (Standards of Performance for Nitric Acid
Plants).